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Leveraging the Death of an Originator in Foreclosure Defense- December 11, 2017 at 4pm Eastern — Livinglies’s Weblog

Register Now: Leveraging the Death of an Originator in Foreclosure Defense Foreclosure expert and attorney Neil Garfield, M.B.A, J.D., will address what happens when the putative loan originator no longer exists. This strategy seminar will cover the best way to attack mortgage liens, notes, assignments, powers of attorney and endorsements, when servicers like Ocwen, Nationstar, […]

via Register now! The Garfield Continuum Mini-Seminar for Licensed Attorneys and Pro se litigants: Leveraging the Death of an Originator in Foreclosure Defense- December 11, 2017 at 4pm Eastern — Livinglies’s Weblog

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Discovery Where Freddie or Fannie Is Alleged to be Owner of Loan — Livinglies’s Weblog

Fannie and Freddie are the equivalent of black holes in physics. Representations abound that they own a loan, or note, or mortgage or debt. What this testimony shows is that there are specific discovery items to request and compel wherein the the truth of the matter and the truth about the parties will be revealed. […]

via Discovery Where Freddie or Fannie Is Alleged to be Owner of Loan — Livinglies’s Weblog

DOJ suing Northwest Trustee Services for illegally foreclosing on veterans — Justice League

WTH? The DOJ announced Friday that it is suing Northwest Trustee Services for violating the Servicemembers Civil Relief Act, which prohibits lenders and mortgage servicers from foreclosing on a servicemember’s home while they are on active military service and for the next year without a court order, if the mortgage was originated before the servicemember’s […]

via DOJ suing Northwest Trustee Services for illegally foreclosing on veterans — Justice League

What Northwest Trustee Services did is outrageous. I just hope that the Department of Justice vigorously pursues the lawsuit and does not reach another “toothless” settlement.

 

RESCISSION IS A FACT — NOT A THEORY OR CLAIM — Livinglies’s Weblog

The Eighth Circuit’s affirmance in the present case rested upon its holding in Keiran v. Home Capital, Inc., 720 F. 3d 721, 727-728 (2013) that, unless a borrower has filed a suit for rescission within three years of the transaction’s consummation, §1635(f) extinguishes the right to rescind and bars relief. That was error. Section 1635(a) explains […]

via RESCISSION IS A FACT — NOT A THEORY OR CLAIM — Livinglies’s Weblog

 

Banks make money on settlements too-Livinglie’s Weblog

If you are waiting for one of those “settlements” to mean something before your home goes up for auction, don’t hold your breath. Relief is not coming. The “simple” truth is that the investor is interested in the debt (i.e., the money owed by you) but everyone else is only interested in the paper. If […]

via Banks Make Money on Settlements Too — Livinglies’s Weblog

DESPERATE TIMES MAY CALL FOR DESPERATE MEASURES — Clouded Titles Blog

OP-ED The author of this post is a paralegal and consultant to attorneys in real property and foreclosure matters. Any information or suggestions proffered on this blog are not to be construed as legal advice, nor to they impliedly guarantee any legal outcome or attempt to draw any conclusions of law. A week from […]

via DESPERATE TIMES MAY CALL FOR DESPERATE MEASURES — Clouded Titles Blog

What Accountants Say About the REMIC Trusts — Livinglies’s Weblog

“Because securitization entities are typically insufficiently capitalized, with little or no true “equity” for accounting purposes, and are rarely designed to have a voting equity class possessing the power to direct the activities of the entity, they are generally VIEs. [Variable Interest Entities]. The investments or other interests that will absorb portions of a VIE’s […]

via What Accountants Say About the REMIC Trusts — Livinglies’s Weblog

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